Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from refusing to provide reasonable accommodations to workers that are pregnant, breastfeeding, or have childbirth-related conditions.

Highlights:

• Prohibits an employer from refusing to provide reasonable accommodations to an employee for pregnancy, childbirth, breastfeeding, or related conditions, unless the employer demonstrates that the accommodation would create an “undue hardship” on the employer’s operations (Sec. 2).

• Prohibits an employer from terminating or denying employment opportunities to an employee based on a need for reasonable childbirth-related accommodations, unless the employer demonstrates “undue hardship” (Sec. 2).

• Defines “undue hardship” as significant difficulty or expense relative to factors such as the size of the entity, its financial resources, and the nature and structure of its operation (Sec. 2).

• Authorizes an employer to require an employee to provide certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation that includes the following information (Sec. 2):
• The date the reasonable accommodation becomes medically advisable;
• The probable duration of the reasonable accommodation; and
• The medical advisability of the reasonable accommodation.

• Prohibits an employer from requiring an employee to obtain a certification from the employee’s health care provider, and from claiming “undue hardship” for accommodations for the “known limitations” related to pregnancy, childbirth, or related conditions (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits employers from refusing to provide reasonable accommodations to workers that are pregnant, breastfeeding, or have childbirth-related conditions.

Highlights:

• Prohibits an employer from refusing to provide reasonable accommodations to an employee for pregnancy, childbirth, breastfeeding, or related conditions, unless the employer demonstrates that the accommodation would create an “undue hardship” on the employer’s operations (Sec. 2).

• Prohibits an employer from terminating or denying employment opportunities to an employee based on a need for reasonable childbirth-related accommodations, unless the employer demonstrates “undue hardship” (Sec. 2).

• Defines “undue hardship” as significant difficulty or expense relative to factors such as the size of the entity, its financial resources, and the nature and structure of its operation (Sec. 2).

• Authorizes an employer to require an employee to provide certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation that includes the following information (Sec. 2):
• The date the reasonable accommodation becomes medically advisable;
• The probable duration of the reasonable accommodation; and
• The medical advisability of the reasonable accommodation.

• Prohibits an employer from requiring an employee to obtain a certification from the employee’s health care provider, and from claiming “undue hardship” for accommodations for the “known limitations” related to pregnancy, childbirth, or related conditions (Sec. 2).

Full Bill Text